You should not give statement or provide written reports related to any internal affairs investigations which could lead to disciplinary action against you without consulting an SCDSA representative or legal counsel.

Nature of the Charges

You have the right to be notified of the nature of the charges against you prior to any interrogation by supervisor or internal affairs investigator. Charges may include, e.g., discourteous treatment, dishonesty, neglect of duty, conduct unbecoming an officer, an excessive force.

Charges also may include violations of the Penal Code or other criminal statutes. You must be read your Miranda rights if criminal misconduct is alleged.

You should not submit to questioning about allegations of criminal misconduct against you without consulting with a SCDSA attorney. All communications between you and you attorney are protected by the attorney-client privilege and cannot be divulged in any proceeding.

Right to Representation

A peace officer involved in an investigation or interrogation which may lead to punitive action has the right to be represented by a representative of the officer’s choice. The representative may be present at all times during the interrogation, but may not be a person subject to the same investigation. The representative cannot be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from an officer under investigation for non-criminal matters.